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House Appropriators Target Array of EPA Regulations

This week the House Appropriations Committee released draft legislation that would fund the Environmental
Protection Agency and the Interior Department in fiscal year 2017.

In addition to proposing a $164 million cut to EPA spending
compared to this year, the bill also contains language that would restrict the
EPA’s regulatory authority in a number of ways by limiting the agency from
using appropriated funds in certain ways.

Here’s an overview of the EPA-focused riders in the draft
bill, which was approved today by the Subcommittee on Interior, Environment and
Related Agencies:

Sec. 417 would prohibit the EPA from issuing any
rule that would require operating permits under the Clean Air Act for carbon dioxide,
methane or other pollutants from biological processes associated with livestock
production.

Sec. 425 would prohibit the EPA from changing the
regulatory definition of “fill material” under the Federal Water Pollution
Control Act.

Sec. 426 would prohibit the EPA from requiring a
permit for the discharge of dredged or fill material related to farming and
ranching activity.

Sec. 427 would prohibit the EPA from implementing
the 2015 Clean Water Rule to clarify the federal government’s jurisdiction
under the Clean Water Act (the rule has already been stayed nationwide by a
federal appeals court).

Sec. 429 would prohibit enforcement of certain
lead-based paint regulations until a commercially available lead test kit is
available.

Sec. 430 would prohibit the EPA from issuing new
financial responsibility requirements under Section 108(b) of CERCLA. The
agency is working on a financial responsibility rule that would apply to hard
rock mining and mineral processing facilities.

Sec. 431 would prohibit the EPA from implementing
its suite of carbon dioxide regulations on the utility sector, including its
Clean Power Plan rule for existing power plants. The Clean Power Plan has been
stayed by the U.S. Supreme Court.

Sec. 434 would restrict the EPA from phasing out
the use of hydrofluorocarbons in refrigeration and foam blowing under the
Significant New Alternatives Policy Program. HFCs are typically short-lived but
highly-potent greenhouse gases.

Sec. 435 would require that all water
infrastructure projects funded under the EPA’s state revolving funds use iron
and steel products made in the U.S.

Sec. 436 would prohibit the incorporation of the
social cost of carbon into any rulemaking or guidance document until an
interagency working group completes its work.

Sec. 437 would prohibit the enforcement of hazard
communication requirements under the EPA’s 2015 agricultural worker protection
rule for employees that handle pesticides.

Sec. 438 would delay implementation of the EPA’s
2015 ozone standards of 70 parts per billion.

Sec. 439 would prohibit the development and
implementation of regulations on methane emissions from the oil and gas
industry.For continuing coverage of the fiscal 2017 appropriations
process for the EPA, follow our budget reporter Brian Dabbs (@briandabbs) and our Capitol Hill team
(@DeanTScott, @AnthonyAdragna and @AriNatter).

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